Incarceration Records Definition
Incarceration records are documentation of a legal confinement, or imprisonment. Incarcerations can occur under any number of legal circumstances. Federal and state statutes permit law enforcement agencies to arrest individuals who are believed to have committed crimes. They’re also permitted to confine these individuals until such time as their case is resolved. Courts also have the authority to confine a person if he or she pleads guilty to or is found guilty of a crime by a judge or jury.
Pretrial Incarceration Records
Although more often characterized as pretrial detention, a person is indeed incarcerated while awaiting trial. Notwithstanding the fact that they haven’t been convicted of a crime, they detainee is treated just like any other person who has been convicted. Almost all people are allowed the opportunity to post a bail bond to obtain their release from custody though. Any record of incarceration would merely indicate that the arrestee was being held due to inability to post a bail bond. Detention under these circumstances won’t result in a record of incarceration as punishment for a conviction.
Misdemeanor Incarceration Records
Misdemeanor incarcerations are punishable by up to a year in jail. Jails are operated by the various counties in a state. If a jail sentence is imposed on a misdemeanor conviction, the defendant will ordinarily serve their sentence in a jail in the county they were convicted in. A record of incarceration will be maintained that indicates the individual is in custody, what they were convicted of, how long the jail sentence is for and when they will be released.
Felony Incarceration Records
Felony incarcerations are more severe crime than misdemeanors and punishable by more than one year in a state or federal prison and not a county jail. If convicted in a state court, the defendant serves their sentence in a state prison located within the state where they were convicted. If convicted of a federal felony, the defendant serves their sentence in a federal facility somewhere in the United States. In either case, a record of incarceration will also be maintained showing that the person is in custody, what prison they are located at, the offense they were convicted of, how long the sentence is and when they might be paroled. If a person is in custody, jailed or imprisoned, you can usually find them through a county, state or federal search. Public databases are maintained by state and federal prisons for this purpose.